When someone loses their life because of another person’s or company’s negligence, surviving family members often have the right to pursue a wrongful death claim. But like most legal claims, wrongful death cases come with a strict time limit for filing, known as a statute of limitations. If that deadline passes, the family may lose the right to bring a claim at all, regardless of how strong the case might have been.
Here’s how these deadlines work in Missouri and Kansas.
Wrongful Death Deadlines in Missouri
In Missouri, wrongful death claims work a little differently than the state’s general statute of limitations for personal injury cases. Family members of someone who has been wrongfully killed have three years from the date of the injury or death to bring a claim.
This is an important distinction to understand, because it doesn’t necessarily mirror the deadline that would have applied if the person had survived their injuries and brought a claim themselves.
Wrongful Death Deadlines in Kansas
In Kansas, wrongful death claims follow the same timeline as the state’s general statute of limitations. A family of someone who has been wrongfully killed has two years from the date of death to file a claim.
Why These Deadlines Matter So Much
Wrongful death cases are often emotionally difficult to pursue in the immediate aftermath of a loss. Families are grieving, handling funeral arrangements, and adjusting to life without their loved one, all while a legal clock is quietly running in the background.
Unfortunately, the law generally doesn’t pause for grief. Missing the filing deadline, even by one day, can permanently bar a family from recovering compensation for their loss, including funeral and burial expenses, lost income and financial support, loss of companionship, and other damages tied to the death.Wrongful death cases are often emotionally difficult to pursue in the immediate aftermath of a loss. Families are grieving, handling funeral arrangements, and adjusting to life without their loved one, all while a legal clock is quietly running in the background.
Why You Shouldn't Wait to Talk to an Attorney
Because these deadlines are relatively short, especially when compared to some other types of civil claims, it’s important for families to consult with an attorney as soon as possible after a wrongful death. An early conversation with a lawyer doesn’t commit you to filing a lawsuit right away, but it does preserve your options and gives your attorney time to investigate the circumstances of the death while evidence and witness memories are still fresh.
Contact Monsees & Mayer, P.C.
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, you don’t have to navigate this process alone, and you shouldn’t wait to understand your legal options. The attorneys at Monsees & Mayer, P.C. can help you understand the deadlines that apply to your family’s situation and guide you through every step of a wrongful death claim. Call 816-361-5555 or visit monseesmayer.com for a free, no-obligation consultation. There is no fee unless we recover for you.
